Kapil S/O Madhav Tudiwar v. The Tahsildar, Ghatanji, Yavatmal And Another

1 56-3210-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3210/2024 Kapil S/o Madhav Tudiwar Vs.

The Tahsildar, Ghatanji and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Ingole, Advocate for Petitioner Ms. Payal Bawankule, AGP for Respondent Nos.1 and 2 CORAM: N.R. BORKAR, J.

DATED : 1st AUGUST, 2024 On 06.02.2024, the vehicle of the present petitioner came to be seized in Crime No. 59/2024, registered by Parwa Police Station for the offences punishable under Section 379 R/w 34 of the Indian Penal Code and Section 48(8) of the Maharashtra Land Revenue Code.

2.

The learned Judicial Magistrate First Class, Ghatanji, by order dated 17.02.2024, directed that the vehicle be released in favour of petitioner on execution of indemnity bond of Rs.6,00,000/-, subject to orders, if any by the revenue authorities.

3.

The learned counsel for the petitioner submits that except issuing show cause notice calling upon the petitioner as to why the penalty

2 56-3210-24.odt of Rs.26,664/- should not be imposed, respondent No.1 - the Tahsildar has not passed any order and since last five months vehicle is lying idle in the premises of Police Station. It is submitted that the petitioner without prejudice to his rights is willing to deposit the amount of Rs.26,664/- and subject to such deposit vehicle in question be released. Considering the overall facts and circumstances, respondent No.1 - Tahsildar, Ghatanji shall release the vehicle in question subject to deposit of Rs.26,664/-.

4.

List the present petition for further consideration on 26th August, 2024.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 02/08/2024 15:19:38